the Ummah is not empowered to dismiss him

[maruf]

Salam,
Al-Khilafah

The only solution!

Bismillah-ar-Rahman-ar-Raheem

Part Nineteen


The issue of appointing the Khalifah was discussed in details. I have shown that Islam has a well-defined method to choose the Khalifah. This method is the bay'ah which is based on consent and choice of the Ummah. In the following few messages I will examine the relationship between the Ummah and the Khalifah and whether Islam prescribed a way to depose the Khalifah or not if the need arise. If yes then when can this be done and who has the authority to do it?


As I have shown in this series of messages the supremacy in the Islamic state is to the Sharia for the Khalifah is not given the pledge by the Ummah merely to be a hired man, executing what the Ummah decides, he is given the pledge of allegiance by the Ummah to execute the rules of the Holly Quran and the Sunnah of the Messenger (SAW), i.e, to execute the Sharia laws and nothing else.


I have also shown that the authority belongs to the Ummah, so the Ummah appoints the Khalifah. However, the Ummah is not empowered to dismiss him after he has legitimately attained the bay'ah as long as he is doing his duty and implementing Islam.


Thus, there is no limitation on the Khalifah period in office, as long as he abides by the divine law, implements its rules and is able to manage the state's affairs. If the Khalifah situation changes in such a way as to discharge him from the office he is to be dismissed immediately.


The Ummah has the right to take the Khalifah into task and to make sure that he is implementing Islam properly. How should the Ummah do this duty? This is explained well in the Sunnah of the Prophet (pbuh). This will be the subject of the following few messages.



The first three principles of the Islamic Ruling system were discussed in a previous article "Khilafah 3". The rest of the messages discussed different issues related to the third principle. I will continue now with the fourth principle.


The fourth Principle is: The Khalifah has the power to adopt the divine law.


This principle is derived from the Quran, Sunnah and Ijma' Sahabah; it can be extracted form three different angles:


First. Obedience to the Khalifah is an obligation on Ummah.


Second. Looking after the affairs of the Ummah is an obligation on the Khalifah.


Third. The Khalifah is the decision maker after consultation.


For detailed discussion of this principle see Qawa'id Nizham Al-Mukm fi Al-Islam (The Principles of the Ruling system in Islam) by Mahmoud Al-Khalidi, p 323-371.


The above mentioned three points will be discussed in details in the subsequent messages.


First. Obedience to the Khalifah is an obligation on the Ummah.


This has been clearly confirmed in many Quranic verses and Ahadith to the point where the Shari'ah considered the obedience to the ruler as part of the obedience to Allah (SWT) and his Messenger (pbuh), therefore obeying a ruler entails a reward and disobedience entails punishment. However, there are cases where obedience becomes Haram, and the people should take the ruler into task and question and, under some restricted conditions, should fight the rulers. This needs more clarifications.


Muslim reported on the authority of Awf ibn Malik:
The Messenger of Allah (peace_be_upon_him) said: The best of your rulers are those whom you love and who love you, who invoke God's blessings upon you and you invoke His blessings upon them. And the worst of your rulers are those whom you hate and who hate you and whom you curse and who curse you. It was asked (by those present): Shouldn't we overthrow them with the help of the sword? He said: No, as long as they establish prayer among you. If you then find anything detestable in them, you should hate their administration, but do not withdraw yourselves from their obedience.


This Hadith gives a brief description of the relationship between the Ummah and the rulers:


I. The ideal relationship is that based on love and blessings between the Ummah and the rulers. This happens if the rulers are implementing Islam and they are just. In this case the people must obey their rulers.


II. If the rulers are not just and they do not implement Islam properly the relationship changes to hate and distrust between the Ummah and the rulers. In this case there is no obedience if the people are ordered with Ma'siyah (sin).


III. Calling upon the rulers to account for their actions is both a right and Fard Kifayah (collective duty) upon them.


When the rulers becomes unjust or mis-implements Islam the Muslims have to take them into task and try to remove this Munkar.


IV. The Muslims can not use force against them except if they see Kufr Bawah (Clear Kufr).


I will start with the first case.


I. The Khalifah is deputised by the Ummah with the authority for enactment of the divine law. The bay'ah is given to him with the condition that he should implement Islam. The Ummah should obey him as much as they can. This is derived from the following evidences.


Allah (SWT) said:

"O ye who believe, obey Allah, and obey the Messenger, and those charged with authority among you. If ye differ in anything among yourselves, refer it to Allah and his Messenger if ye believe in Allah and the Last day: That is the best, and most suitable for final determination." (Al-Nisa: 59)


Al-Bukhari, Muslims, Abu Dawood, Al-Nisa'i and Ibnu Maja reported on the authority of Aby Hurayra that he heard the Prophet (pbuh) said:


"Whoever obeyed me he obeyed Allah; whoever disobeyed me, he disobeyed Allah, whoever obeyed the Amir, he obeyed me and whoever disobeyed him disobeyed me."


Al Bukhari narrated on the authority of Ibn Abbas, he said; The Prophet said (SAW):


"Whoever of you dislikes a matter from his Amir, let him be patient on that, because anyone of you who goes outside the authority of his Amir, even in the measure of a hand-span, and he died therewith, he would die the death of Jahaliya (ignorance)".


From the above evidences the Muslims are obliged to obey the rulers. What is the limit of this obedience? This is the subject of next message insha'allah.

Salam
Shehadeh

[maruf]

Al-Khilafah

The only solution!

Bismillah-ar-Rahman-ar-Raheem

Part Twenty
In the last message I started discussing the relationship between
the Khalifah and the Ummah. This relationship was classified into
four cases, the first cases was discussed last message. In this
message I will discuss the second case.

>From the evidences cited in the last message the Muslims are
obliged to obey the rulers. What is the limit of this obedience?

II. There is no obedience if the Khalifah orders people to
commit a Ma'siah (sin).

The Quranic verse and Hadiths of the Prophet (pbuh) which
were cited in the last message indicate clearly that obedience
to the head of the state is an obligation whether his title is
the Khalifah, the Imam, the Amir of the believers or the person
in authority. He must be obeyed for he is the one in authority
over the Ummah. If the Shari'ah obliges Muslims to obey the
Khalifah his obedience would then be in matters he commands
according to Shari'ah. He is not to be obeyed in matters that are
sinful, nor in changing of the divine law at all. Here are some
evidences and details.

* The Muslims must obey as much as they can, Allah does not
ask people to do more than their ability.

Al-Bukhari reported on the authority of Jabir bin 'Abdullah:

I gave the Pledge of allegiance to the Prophet that I would
listen and obey, and he told me to add: 'As much as I can,
and will give good advice to every Muslim.'

* The Imam is given the bay'ah on the condition he is
implementing Islam.

Al-Bukhari reported on the authority of Abdullah bin Dinar:

When the people took the oath of allegiance to 'Abdul
Malik, 'Abdullah bin 'Umar wrote to him: "To Allah's Slave,
'Abdul Malik, Chief of the believers, I give the Pledge of
allegiance that I will listen to and obey Allah's Slave,
'Abdul Malik, Chief of the believers, according to Allah's
Laws and the Traditions of His Apostle in whatever is
within my ability; and my sons too, give the same pledge."


* No obedience if the people are commanded with Ma'siyah
(disobedience).

Al-Bukari, Abu Dawood, Ibnu Maja, Ahmad Ibnu Hanbal reported
on the authority of Abdullah Ibnu Umar:

The Prophet said, "A Muslim has to listen to and obey (the
order of his ruler) whether he likes it or not, as long as
his orders involve not one in disobedience (to Allah), but
if an act of disobedience (to Allah) is imposed one should
not listen to it or obey it.

Muslim has narrated on the authority of Nafi3 on the
authority of Ibn Umar that the Prophet (SAW) said:

"Listening and obedience is a duty upon the muslims in what
he likes and dislikes unless he is commanded with
disobedience" (Ma3siyah), which means with a sin.

Al-Bukhari reported on the authority of Ali:

The Prophet sent a Sariya under the command of a man from
the Ansar and ordered the soldiers to obey him. He (i.e.
the commander) became angry and said "Didn't the Prophet
order you to obey me!" They replied, "Yes." He said,
"Collect fire-wood for me." So they collected it. He said,
"Make a fire." When they made it, he said, "Enter it (i.e.
the fire)." So they intended to do that and started holding
each other and saying, "We run towards (i.e. take refuge
with) the Prophet from the fire." They kept on saying that
till the fire was extinguished and the anger of the
commander abated. When that news reached the Prophet he
said, "If they had entered it (i.e. the fire), they would
not have come out of it till the Day of Resurrection.
Obedience (to somebody) is required when he enjoins what is
good."


Al Bukhari narrated on the authority of Abdullah Ibnu Masoud.
He said the Prophet (SAW) said:

"You will see after me selfishness and matters which you
will deny" They said: "What do you command us to do O
Prophet of Allah?" He said:"Give them their right, and ask
Allah to give you your right".

When people see the selfishness and injustice what should they
do? Next message will discuss this point insha'allah.

Salam
Shehadeh



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